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Researching Antitrust Law

Researching Antitrust Law. Bill Schwesig. Reference Librarian and Bibliographer for Common Law. Antitrust Laws. Sherman Act 1890 Clayton Act 1914 Federal Trade Commission Act 1914 Robinson- Patman Act (Anti-Price Discrimination Act) Hart-Scott- Rodino Antitrust Improvements Act of 1984.

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Researching Antitrust Law

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  1. Researching Antitrust Law Bill Schwesig Reference Librarian and Bibliographer for Common Law

  2. Antitrust Laws • Sherman Act 1890 • Clayton Act 1914 • Federal Trade Commission Act 1914 • Robinson-Patman Act (Anti-Price Discrimination Act) • Hart-Scott-Rodino Antitrust Improvements Act of 1984 Antitrust Law

  3. Sherman Act 1890 • Section 1 prohibited "[e]very contract, combination in the form of trust or otherwise, or conspiracy,inrestraint of trade or commerce …” • Section 2 banned individuals from monopolizing or trying to monopolize.

  4. Clayton Act 1914 • Declared four practices illegal but not criminal: • Price discrimination • Tying and exclusive-dealing contracts • Corporate mergers • Interlocking directorates

  5. Federal Trade Commission Act • Created the Federal Trade Commission to enforce the Sherman Act and Clayton Act.

  6. Robinson-Patman Act 1936 • Anti-Price Discrimination Act • Prohibited unfair discounts to chain stores

  7. Hart-Scott-Rodino • Hart-Scott-Rodino Antitrust Improvements Act of 1976 • Provides for FTC and DOJ review of proposed mergers and acquisitions. • Divestiture often a condition of approval

  8. Major Trust-Busting Cases • Standard Oil Co. • American Tobacco Co. • AT&T – long distance service • IBM – vertical integration • Microsoft

  9. Jurisdiction • Criminal Prosecutions under the Sherman Act are filed by the Antitrust Division of the Department of Justice. • Civil enforcement is by both the Dept of Justice Antitrust Division and the Federal Trade Commission. • The FTC deals with unfair and deceptive practices and consumer fraud. Antitrust Law

  10. Primary Law and Enforcement Enforcement • DOJ Case Filings • FTC Case Filings • Business Reviews • Guidelines Primary Law • Statutes • Regulations • State Laws • Court Decisions • Consent Decrees • FTC Decisions

  11. Antitrust Law on CCH Intelliconnect • Areeda and Hovenkamp Treatise • Strong on law and economics • Federal Trade Reporter • Statutes, regulations, enforcement guidelines • Federal Enforcement Actions • US Antitrust Cases, CCH Trade Cases • Business Review Letters • FTC Complaints and Orders • Older enforcement actions are in print

  12. Antitrust Law on LexisNexis • USCS and CFR • Treatises • Antitrust Laws & Trade Regulation – Van Kalinowski • Federal Antitrust Law – Earl Kintner • Cases and Consent Decrees • FTC Orders and Guidelines • Emerging Issues Antitrust Law on LexisNexis

  13. Antitrust Law on Bloomberg BNA • Antitrust & Trade Regulation Resource Center • Antitrust & Trade Regulation Report • Antitrust & Trade Regulation Daily • BNA Corporate Portfolios: Antitrust • Available on Bloomberg BNA and Bloomberg Law • Alerts

  14. Economic Analysis • The Government must prove that challenged activities restrain competition • Rule of Reason or Per Se violation? • Economic evidence is crucial • What is the market? Local, state, national, global? • How much concentration is too much? • Vertical vs. Horizontal integration

  15. Department of Justice • Antitrust Division • Enforcement Actions filed since 1994 • Criminal enforcement, statistics • Merger Reviews since 1994 • Appellate Briefs • Economic Analysis Group Discussion Papers • Market Analysis Papers www.justice.gov/atr/

  16. Federal Trade Commission • Dept of Economics • Economic Reports - Long-term evaluations of past enforcement actions • Issue Papers, Working Papers • Health Care Economics • Competition Enforcement Database • Congressional Testimony • Advocacy Filings www.ftc.gov

  17. Questions? Ask a Law Librarian www.lib.uchicago.edu/e/law/ Bill Schwesig was2@uchicago.edu

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